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					                               THE TEXAS CONSTITUTION

                            ARTICLE 16. GENERAL PROVISIONS



        Sec.A1.AAOFFICIAL            OATH.        (a)AAll    elected       and    appointed

officers, before they enter upon the duties of their offices, shall

take the following Oath or Affirmation:

        "I, _______________________, do solemnly swear (or affirm),

that    I    will     faithfully      execute     the   duties       of   the     office   of

___________________ of the State of Texas, and will to the best of

my ability preserve, protect, and defend the Constitution and laws

of the United States and of this State, so help me God."

        (b)AAAll elected or appointed officers, before taking the

Oath    or   Affirmation       of    office   prescribed       by    this    section       and

entering       upon    the    duties     of   office,       shall    subscribe      to     the

following statement:

        "I, _______________________, do solemnly swear (or affirm)

that I have not directly or indirectly paid, offered, promised to

pay, contributed, or promised to contribute any money or thing of

value, or promised any public office or employment for the giving or

withholding of a vote at the election at which I was elected or as a

reward to secure my appointment or confirmation, whichever the case

may be, so help me God."

        (c)AAMembers of the Legislature, the Secretary of State, and

all    other    elected      and    appointed     state     officers      shall    file    the

signed statement required by Subsection (b) of this section with

the Secretary of State before taking the Oath or Affirmation of

office prescribed by Subsection (a) of this section.                              All other

officers shall retain the signed statement required by Subsection

(b) of this section with the official records of the office.

(Amended Nov. 8, 1938, and Nov. 6, 1956; Subsecs. (a)-(c) amended

and    (d)-(f)      added    Nov.   7,   1989;    Subsecs.     (a)    and   (b)    amended,

Subsecs. (c) and (d) deleted, and Subsecs. (e) and (f) amended and

redesignated as Subsec. (c) Nov. 6, 2001.)                     (TEMPORARY TRANSITION

PROVISION for Sec. 1: See Appendix, Note 3.)



        Sec.A2.AAEXCLUSIONS FROM OFFICE, JURY SERVICE AND RIGHT OF

SUFFRAGE; PROTECTION OF RIGHT OF SUFFRAGE.                     Laws shall be made to


                                              1
exclude from office persons who have been convicted of bribery,

perjury, forgery, or other high crimes.

(Amended Nov. 6, 2001.)        (TEMPORARY TRANSITION PROVISION for Sec.

2: See Appendix, Note 3.)



       Sec.A3.AA(Repealed Aug. 5, 1969.)

A



       Sec.A4.AA(Repealed Aug. 5, 1969.)

A



       Sec.A5.AADISQUALIFICATION              TO   HOLD    OFFICE     BY       GIVING   OR

OFFERING BRIBE.      Every person shall be disqualified from holding

any office of profit, or trust, in this State, who shall have been

convicted of having given or offered a bribe to procure his election

or appointment.

A



       Sec.A6.AAAPPROPRIATIONS            FOR       PRIVATE        PURPOSES;          STATE

PARTICIPATION IN PROGRAMS FINANCED WITH PRIVATE OR FEDERAL FUNDS

FOR REHABILITATION OF BLIND, CRIPPLED, OR PHYSICALLY OR MENTALLY

HANDICAPPED      PERSONS.       (a)ANo         appropriation       for     private      or

individual    purposes      shall   be    made,     unless      authorized       by   this

Constitution.     A regular statement, under oath, and an account of

the   receipts    and    expenditures         of   all    public    money       shall   be

published annually, in such manner as shall be prescribed by law.

       (b)AAState       agencies    charged        with   the    responsibility         of

providing services to those who are blind, crippled, or otherwise

physically or mentally handicapped may accept money from private or

federal sources, designated by the private or federal source as

money to be used in and establishing and equipping facilities for

assisting those who are blind, crippled, or otherwise physically or

mentally     handicapped       in    becoming         gainfully          employed,      in

rehabilitating     and   restoring       the    handicapped,       and    in   providing

other services determined by the state agency to be essential for

the better care and treatment of the handicapped.                    Money accepted

under this subsection is state money.                    State agencies may spend


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money   accepted      under      this    subsection,       and     no   other     money,       for

specific programs and projects to be conducted by local level or

other private, nonsectarian associations, groups, and nonprofit

organizations,        in    establishing            and   equipping       facilities           for

assisting those who are blind, crippled, or otherwise physically or

mentally      handicapped          in     becoming        gainfully            employed,        in

rehabilitating        and   restoring         the   handicapped,         and    in   providing

other services determined by the state agency to be essential for

the better care or treatment of the handicapped.

        The state agencies may deposit money accepted under this

subsection     either       in     the    state     treasury       or    in    other      secure

depositories.      The money may not be expended for any purpose other

than the purpose for which it was given.                   Notwithstanding any other

provision of this Constitution, the state agencies may expend money

accepted      under    this      subsection         without      the     necessity        of   an

appropriation, unless the Legislature, by law, requires that the

money   be    expended      only    on    appropriation.           The    Legislature          may

prohibit state agencies from accepting money under this subsection

or may regulate the amount of money accepted, the way the acceptance

and expenditure of the money is administered, and the purposes for

which the state agencies may expend the money.                     Money accepted under

this subsection for a purpose prohibited by the Legislature shall

be returned to the entity that gave the money.

        This subsection does not prohibit state agencies authorized

to   render    services       to    the       handicapped     from       contracting        with

privately-owned or local facilities for necessary and essential

services, subject to such conditions, standards, and procedures as

may be prescribed by law.

(Amended Nov. 8, 1966.)



        Sec.A7.AA(Repealed Aug. 5, 1969.)

A



        Sec.A8.AA(Redesignated as Sec. 14, Art. IX, Nov. 6, 2001.)

(TEMPORARY TRANSITION PROVISION for Sec. 8: See Appendix, Note 3.)



        Sec.A9.AAFORFEITURE              OF    RESIDENCE      BY    ABSENCE          ON   PUBLIC


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BUSINESS.     Absence on business of the State, or of the United

States,   shall   not   forfeit   a   residence     once   obtained,    so   as   to

deprive any one of the right of suffrage, or of being elected or

appointed to any office under the exceptions contained in this

Constitution.

A



      Sec.A10.AADEDUCTIONS FROM SALARY FOR NEGLECT OF DUTY.                       The

Legislature   shall     provide   for   deductions     from   the   salaries      of

public officers who may neglect the performance of any duty that may

be assigned them by law.

A



      Sec.A11.AAUSURY; RATE OF INTEREST IN ABSENCE OF LEGISLATION.

The Legislature shall have authority to define interest and fix

maximum rates of interest; provided, however, in the absence of

legislation fixing maximum rates of interest all contracts for a

greater rate of interest than ten per centum (10%) per annum shall

be deemed usurious; provided, further, that in contracts where no

rate of interest is agreed upon, the rate shall not exceed six per

centum (6%) per annum.

(Amended Aug. 11, 1891, Nov. 8, 1960, and Nov. 6, 2001.)               (TEMPORARY

TRANSITION PROVISION for Sec. 11: See Appendix, Note 3.)



      Sec.A12.AAMEMBERS OF CONGRESS; OFFICERS OF UNITED STATES OR

FOREIGN   POWER;   INELIGIBILITY        TO   HOLD   OFFICE.      No    member     of

Congress, nor person holding or exercising any office of profit or

trust, under the United States, or either of them, or under any

foreign power, shall be eligible as a member of the Legislature, or

hold or exercise any office of profit or trust under this State.

A



      Sec.A13.AAUNOPPOSED CANDIDATE FOR OFFICE.               For an office for

which this constitution requires an election, the legislature may

provide by general law for a person to take the office without an

election if the person is the only candidate to qualify in an

election to be held for that office.


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(Former Sec. 13 repealed Aug. 5, 1969; current Sec. 13 added Sept.

13, 2003.)



          Sec.A13A.AAUNOPPOSED    CANDIDATE          FOR   OFFICE    OF   POLITICAL

SUBDIVISION.      For an office of a political subdivision for which

this constitution requires an election, the legislature may provide

by general law for a person to assume the office without an election

if the person is the only candidate to qualify in an election to be

held for that office.

(Added Sept. 13, 2003.)



          Sec.A14.AACIVIL OFFICERS; RESIDENCE; LOCATION OF OFFICES.

All civil officers shall reside within the State; and all district

or county officers within their districts or counties, and shall

keep their offices at such places as may be required by law; and

failure to comply with this condition shall vacate the office so

held.

A



          Sec.A15.AASEPARATE AND COMMUNITY PROPERTY.                 All property,

both    real   and   personal,   of    a    spouse    owned   or    claimed   before

marriage, and that acquired afterward by gift, devise or descent,

shall be the separate property of that spouse; and laws shall be

passed more clearly defining the rights of the spouses, in relation

to separate and community property; provided that persons about to

marry and spouses, without the intention to defraud pre-existing

creditors, may by written instrument from time to time partition

between themselves all or part of their property, then existing or

to   be    acquired,   or   exchange       between   themselves     the   community

interest of one spouse or future spouse in any property for the

community interest of the other spouse or future spouse in other

community property then existing or to be acquired, whereupon the

portion or interest set aside to each spouse shall be and constitute

a part of the separate property and estate of such spouse or future

spouse; spouses also may from time to time, by written instrument,

agree between themselves that the income or property from all or

part of the separate property then owned or which thereafter might


                                           5
be acquired by only one of them, shall be the separate property of

that spouse; if one spouse makes a gift of property to the other

that gift is presumed to include all the income or property which

might arise from that gift of property; spouses may agree in writing

that all or part of their community property becomes the property of

the surviving spouse on the death of a spouse; and spouses may agree

in writing that all or part of the separate property owned by either

or both of them shall be the spouses ’ community property.

(Amended Nov. 2, 1948, Nov. 4, 1980, Nov. 3, 1987, and Nov. 2,

1999.)



         Sec.A16.AACORPORATIONS           WITH     BANKING      AND     DISCOUNTING

PRIVILEGES.    (a)AThe Legislature shall by general laws, authorize

the incorporation of state banks and savings and loan associations

and shall provide for a system of State supervision, regulation and

control of such bodies which will adequately protect and secure the

depositors and creditors thereof.

         No state bank shall be chartered until all of the authorized

capital stock has been subscribed and paid in full in cash.                   Except

as may be permitted by the Legislature pursuant to Subsections (b),

(d),   and   (e)   of    this   Section    16,    a   state   bank    shall   not   be

authorized to engage in business at more than one place which shall

be designated in its charter; however, this restriction shall not

apply to any other type of financial institution chartered under

the laws of this state.

         No foreign corporation, other than the national banks of the

United    States   domiciled     in   this    State,    shall   be    permitted     to

exercise banking or discounting privileges in this State.

         (b)AAIf it finds that the convenience of the public will be

served thereby, the Legislature may authorize State and national

banks to establish and operate unmanned teller machines within the

county or city of their domicile.                Such machines may perform all

banking functions.       Banks which are domiciled within a city lying in

two or more counties may be permitted to establish and operate

unmanned teller machines within both the city and the county of

their domicile.         The Legislature shall provide that a bank shall

have the right to share in the use of these teller machines, not


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situated at a banking house, which are located within the county or

the city of the bank ’s domicile, on a reasonable, nondiscriminatory

basis, consistent with anti-trust laws.     Banks may share the use of

such machines within the county or city of their domicile with

savings and loan associations and credit unions which are domiciled

in the same county or city.

      (c)AAA state bank created by virtue of the power granted by

this section, notwithstanding any other provision of this section,

has the same rights and privileges that are or may be granted to

national banks of the United States domiciled in this State.

      (d)AAThe Legislature may authorize a state bank or national

bank of the United States domiciled in this State to engage in

business at more than one place if it does so through the purchase

and assumption of certain assets and liabilities of a failed state

bank or a failed national bank of the United States domiciled in

this State.

      (e)AAThe Legislature shall authorize a state bank or national

bank of the United States domiciled in this State to establish and

operate banking facilities at locations within the county or city

of its domicile, subject to limitations the Legislature imposes.

The Legislature may permit a bank domiciled within a city located in

two or more counties to establish and operate branches within both

the city and the county of its domicile, subject to limitations the

Legislature imposes.

      (f)AAA bank may not be considered a branch or facility of

another bank solely because it is owned or controlled by the same

stockholders   as   the   other   bank,   has   common   accounting   and

administrative systems with the other bank, or has a name similar to

the other bank ’s or because of a combination of those factors.

(Amended Nov. 8, 1904, and Aug. 23, 1937; Subsecs. (a) and (b)

amended Nov. 4, 1980; Subsec. (c) added Nov. 6, 1984; Subsecs. (a)

and (c) amended and (d)-(f) added Nov. 4, 1986.)



      Sec.A17.AAOFFICERS TO SERVE UNTIL SUCCESSORS QUALIFIED.         All

officers within this State shall continue to perform the duties of

their offices until their successors shall be duly qualified.

A


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        Sec.A18.AA(Repealed Nov. 2, 1999.)

(TEMPORARY TRANSITION PROVISIONS for Sec. 18: See Appendix, Note

1.)



        Sec.A19.AA(Repealed Nov. 6, 2001.)

(TEMPORARY TRANSITION PROVISION for Sec. 19: See Appendix, Note 3.)



        Sec.A20.AAMIXED ALCOHOLIC BEVERAGES; INTOXICATING LIQUORS;

WINES; REGULATION; LOCAL OPTION.               (a)AThe Legislature shall have

the power to enact a Mixed Beverage Law regulating the sale of mixed

alcoholic    beverages    on    a     local    option        election   basis.      The

Legislature shall also have the power to regulate the manufacture,

sale,   possession     and     transportation         of     intoxicating    liquors,

including the power to establish a State Monopoly on the sale of

distilled liquors.

        Should   the     Legislature          enact     any     enabling     laws    in

anticipation of this amendment, no such law shall be void by reason

of its anticipatory nature.

        (b)AAThe Legislature shall enact a law or laws whereby the

qualified voters of any county, justice ’s precinct or incorporated

town or city, may, by a majority vote of those voting, determine

from time to time whether the sale of intoxicating liquors for

beverage    purposes   shall     be    prohibited       or    legalized    within   the

prescribed   limits;     and    such   laws     shall      contain   provisions     for

voting on the sale of intoxicating liquors of various types and

various alcoholic content.

        (c)AAIn all counties, justice ’s precincts or incorporated

towns or cities wherein the sale of intoxicating liquors had been

prohibited by local option elections held under the laws of the

State of Texas and in force at the time of the taking effect of

Section 20, Article XVI of the Constitution of Texas, it shall

continue to be unlawful to manufacture, sell, barter or exchange in

any such county, justice ’s precinct or incorporated town or city,

any spirituous, vinous or malt liquors or medicated bitters capable

of producing intoxication or any other intoxicants whatsoever, for

beverage purposes, unless and until a majority of the qualified


                                          8
voters in such county or political subdivision thereof voting in an

election held for such purpose shall determine such to be lawful;

provided     that   this    subsection            shall          not    prohibit      the     sale    of

alcoholic beverages containing not more than 3.2 per cent alcohol

by weight in cities, counties or political subdivisions thereof in

which the qualified voters have voted to legalize such sale under

the provisions of Chapter 116, Acts of the Regular Session of the

43rd Legislature.

       (d)AAThe legislature may enact laws and direct the Alcoholic

Beverage     Commission     or    its       successor             to    set    policies       for    all

wineries in this state, regardless of whether the winery is located

in an area in which the sale of wine has or has not been authorized

by local option election, for the manufacturing of wine, including

the   on-premises     selling         of    wine       to    the       ultimate       consumer       for

consumption on or off the winery premises, the buying of wine from

or the selling of wine to any other person authorized under general

law to purchase and sell wine in this state, and the dispensing of

wine without charge, for tasting purposes, for consumption on the

winery premises, and for any purpose to promote the wine industry in

this state.     (Amended Aug. 11, 1891, May 24, 1919, Aug. 26, 1933,

Aug. 24, 1935, and Nov. 3, 1970; Subsec. (d) added Sept.A13, 2003.)

A



       Sec.A21.AAPUBLIC           PRINTING                 AND     BINDING;           REPAIRS        AND

FURNISHINGS; CONTRACTS.          All stationery, printing, fuel used in the

legislature     and   departments            of       the    government          other      than     the

judicial department, printing and binding of the laws, journals,

and department reports, and all other printing and binding and the

repairing     and   furnishing         of    the       halls           and    rooms    used    during

meetings of the legislature and in committees, except proclamations

and   such   products      and   services             as    may    be    done    by    handicapped

individuals     employed         in    nonprofit             rehabilitation              facilities

providing sheltered employment to the handicapped in Texas, shall

be performed under contract, to be given to the lowest responsible

bidder, below such maximum price and under such regulations as

shall be prescribed by law.                No member or officer of any department

of the government shall in any way have a financial interest in such


                                                  9
contracts, and all such contracts or programs involving the state

use of the products and services of handicapped individuals shall

be subject to such requirements as might be established by the

legislature.

(Amended Nov. 7, 1978.)



        Sec.A22.AA(Repealed Nov. 6, 2001.)

(TEMPORARY TRANSITION PROVISION for Sec. 22: See Appendix, Note 3.)



        Sec.A23.AAREGULATION           OF     LIVE        STOCK;   PROTECTION     OF     STOCK

RAISERS; INSPECTIONS; BRANDS.                 The Legislature may pass laws for

the regulation of live stock and the protection of stock raisers in

the    stock    raising    portion       of    the    State,       and   exempt   from     the

operation of such laws other portions, sections, or counties; and

shall have power to pass general and special laws for the inspection

of    cattle,    stock    and    hides    and       for    the   regulation      of    brands;

provided, that any local law thus passed shall be submitted to the

qualified       voters    of    the   section        to    be    affected    thereby,      and

approved by them, before it shall go into effect.

(Amended Nov. 6, 2001.)           (TEMPORARY TRANSITION PROVISION for Sec.

23: See Appendix, Note 3.)



        Sec.A24.AAROADS         AND   BRIDGES.            The    Legislature     shall    make

provision for laying out and working public roads, for the building

of bridges, and for utilizing fines, forfeitures, and convict labor

to all these purposes.

A



        Sec.A25.AADRAWBACKS AND REBATEMENT TO CARRIERS, SHIPPERS,

MERCHANTS, ETC.          That all drawbacks and rebatement of insurance,

freight, transportation, carriage, wharfage, storage, compressing,

baling, repairing, or for any other kind of labor or service of, or

to any cotton, grain, or any other produce or article of commerce in

this   State,     paid    or    allowed       or    contracted      for,    to   any    common

carrier, shipper, merchant, commission merchant, factor, agent, or

middleman of any kind, not the true and absolute owner thereof, are

forever prohibited, and it shall be the duty of the Legislature to


                                               10
pass effective laws punishing all persons in this State who pay,

receive or contract for, or respecting the same.

A



       Sec.A26.AAHOMICIDE;      LIABILITY        IN    DAMAGES.      Every   person,

corporation, or company, that may commit a homicide, through wilful

act,   or   omission,   or   gross   neglect,         shall   be   responsible,     in

exemplary damages, to the surviving husband, widow, heirs of his or

her body, or such of them as there may be, without regard to any

criminal proceeding that may or may not be had in relation to the

homicide.

A



       Sec.A27.AAVACANCIES      FILLED         FOR    UNEXPIRED    TERM.      In   all

elections to fill vacancies of office in this State, it shall be to

fill the unexpired term only.

A



       Sec.A28.AAGARNISHMENT         OF    WAGES.        No   current      wages   for

personal service shall ever be subject to garnishment, except for

the enforcement of court-ordered:

              (1)AAchild support payments; or

              (2)AAspousal maintenance.

(Amended Nov. 8, 1983, and Nov. 2, 1999.)



       Sec.A29.AA(Repealed Aug. 5, 1969.)

A



       Sec.A30.AADURATION OF OFFICES; RAILROAD COMMISSION.                   (a)AThe

duration of all offices not fixed by this Constitution shall never

exceed two years.

       (b)AAWhen a Railroad Commission is created by law it shall be

composed of three Commissioners who shall be elected by the people

at a general election for State officers, and their terms of office

shall be six years.     And one Railroad Commissioner shall be elected

every two years.    In case of vacancy in said office the Governor of

the State shall fill said vacancy by appointment until the next


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general election.

        (c)AAThe   Legislature       may    provide    that      members       of    the

governing board of a district or authority created by authority of

Article III, Section 48-e, Article III, Section 52(b)(1) or (2), or

Article XVI, Section 59, of this Constitution serve terms not to

exceed four years.

        (d)AAThe Legislature by general or special law may provide

that members of the governing board of a hospital district serve

terms not to exceed four years.

(Amended Nov. 6, 1894, and Nov. 2, 1982; Subsec. (d) added Nov. 7,

1989; Subsec. (b) amended Nov. 2, 1999.)                (TEMPORARY TRANSITION

PROVISIONS for Sec. 30: See Appendix, Note 1.)

(Subsec. (c) amended Nov. 3, 2009.)



        Sec.A30a.AAMEMBERS      OF    BOARDS;      TERMS    OF       OFFICE.         The

Legislature may provide by law that the Board of Regents of the

State   University    and    boards    of   trustees       or    managers      of    the

educational, eleemosynary, and penal institutions of the State, and

such boards as have been, or may hereafter be established by law,

may be composed of an odd number of three or more members who serve

for a term of six (6) years, with one-third, or as near as one-third

as   possible,   of   the   members    of   such   boards       to   be   elected    or

appointed every two (2) years in such manner as the Legislature may

determine; vacancies in such offices to be filled as may be provided

by law, and the Legislature shall enact suitable laws to give effect

to this section.      The Legislature may provide by law that a board

required by this constitution be composed of members of any number

divisible by three (3) who serve for a term of six (6) years, with

one-third of the members elected or appointed every two (2) years.

(Added Nov. 5, 1912; amended Nov. 2, 1999.)



        Sec.A30b.AACIVIL     SERVICE    OFFICES;      DURATION.           Wherever    by

virtue of Statute or charter provisions appointive offices of any

municipality are placed under the terms and provisions of Civil

Service and rules are set up governing appointment to and removal

from such offices, the provisions of Article 16, Section 30, of the

Texas Constitution limiting the duration of all offices not fixed


                                       12
by the Constitution to two (2) years shall not apply, but the

duration of such offices shall be governed by the provisions of the

Civil Service law or charter provisions applicable thereto.

(Added Nov. 5, 1940.)



         Sec.A31.AAPRACTITIONERS OF MEDICINE.              The Legislature may

pass    laws   prescribing    the    qualifications    of    practitioners   of

medicine in this State, and to punish persons for mal-practice, but

no preference shall ever be given by law to any schools of medicine.

A



         Sec.A32.AA(Repealed Aug. 5, 1969.)

A



         Sec.A33.AASALARY OR COMPENSATION PAYMENTS TO PERSONS HOLDING

MORE THAN ONE OFFICE.        The accounting officers in this State shall

neither draw nor pay a warrant or check on funds of the State of

Texas, whether in the treasury or otherwise, to any person for

salary or compensation who holds at the same time more than one

civil office of emolument, in violation of Section 40.

(Amended Nov. 2, 1926, Nov. 8, 1932, Nov. 11, 1967, and Nov. 7,

1972.)



         Sec.A34.AA(Repealed Aug. 5, 1969.)

A



         Sec.A35.AA(Repealed Aug. 5, 1969.)

A



         Sec.A36.AA(Repealed Aug. 5, 1969.)

A



         Sec.A37.AALIENS OF MECHANICS, ARTISANS, AND MATERIAL MEN.

Mechanics, artisans and material men, of every class, shall have a

lien upon the buildings and articles made or repaired by them for

the    value   of   their   labor   done   thereon,   or   material   furnished

therefor; and the Legislature shall provide by law for the speedy


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and efficient enforcement of said liens.

A



         Sec.A38.AA(Repealed Aug. 5, 1969.)

A



         Sec.A39.AAAPPROPRIATIONS        FOR    HISTORICAL       MEMORIALS.        The

Legislature       may,   from   time   to     time,    make   appropriations       for

preserving and perpetuating memorials of the history of Texas, by

means of monuments, statues, paintings and documents of historical

value.

A



         Sec.A40.AAHOLDING MORE THAN ONE OFFICE; EXCEPTIONS; RIGHT TO

VOTE.    (a)    No person shall hold or exercise at the same time, more

than one civil office of emolument, except that of Justice of the

Peace, County Commissioner, Notary Public and Postmaster, Officer

of the National Guard, the National Guard Reserve, and the Officers

Reserve Corps of the United States and enlisted men of the National

Guard, the National Guard Reserve, and the Organized Reserves of

the United States, and retired officers of the United States Army,

Air Force, Navy, Marine Corps, and Coast Guard, and retired warrant

officers, and retired enlisted men of the United States Army, Air

Force,    Navy,    Marine   Corps,     and    Coast    Guard,   and   officers     and

enlisted members of the Texas State Guard and any other active

militia    or   military    force    organized        under   state   law,   and   the

officers and directors of soil and water conservation districts,

unless otherwise specially provided herein. Provided, that nothing

in this Constitution shall be construed to prohibit an officer or

enlisted man of the National Guard, the National Guard Reserve, the

Texas State Guard, and any other active militia or military force

organized under state law, or an officer in the Officers Reserve

Corps of the United States, or an enlisted man in the Organized

Reserves of the United States, or retired officers of the United

States Army, Air Force, Navy, Marine Corps, and Coast Guard, and

retired warrant officers, and retired enlisted men of the United

States Army, Air Force, Navy, Marine Corps, and Coast Guard, and


                                         14
officers of the State soil and water conservation districts, from

holding at the same time any other office or position of honor,

trust or profit, under this State or the United States, or from

voting at any election, general, special or primary in this State

when otherwise qualified.

      (b)AAState employees or other individuals who receive all or

part of their compensation either directly or indirectly from funds

of the State of Texas and who are not State officers, shall not be

barred from serving as members of the governing bodies of school

districts, cities, towns, or other local governmental districts.

Such State employees or other individuals may not receive a salary

for serving as members of such governing bodies, except that:

            (1)AAa   schoolteacher,   retired    schoolteacher,     or

retired school administrator may receive compensation for serving

as a member of a governing body of a school district, city, town, or

local governmental district, including a water district created

under Section 59, Article XVI, or Section 52, Article III; and

            (2)AAa faculty member or retired faculty member of a

public institution of higher education may receive compensation for

serving as a member of a governing body of a water district created

under Section 59 of this article or under Section 52, Article III,

of this constitution.

      (c)AAIt is further provided that a nonelective State officer

may hold other nonelective offices under the State or the United

States, if the other office is of benefit to the State of Texas or is

required by the State or Federal law, and there is no conflict with

the original office for which he receives salary or compensation.

      (d)AANo member of the Legislature of this State may hold any

other office or position of profit under this State, or the United

States, except as a notary public if qualified by law.

(Amended Nov. 2, 1926, Nov. 8, 1932, Nov. 7, 1972, Nov. 6, 2001, and

Sept. 13, 2003.)

(Subsec. (a) amended Nov. 3, 2009.)



      Sec.A41.AABRIBERY AND ACCEPTANCE OF BRIBES.     Any person who

shall, directly or indirectly, offer, give, or promise, any money

or thing of value, testimonial, privilege or personal advantage, to


                                 15
any executive or judicial officer or member of the Legislature to

influence him in the performance of any of his public or official

duties, shall be guilty of bribery, and be punished in such manner

as shall be provided by law.       And any member of the Legislature or

executive or judicial officer who shall solicit, demand or receive,

or consent to receive, directly or indirectly, for himself, or for

another,   from   any   company,    corporation      or    person,   any    money,

appointment, employment, testimonial, reward, thing of value or

employment, or of personal advantage or promise thereof, for his

vote or official influence, or for withholding the same, or with any

understanding, expressed or implied, that his vote or official

action shall be in any way influenced thereby, or who shall solicit,

demand and receive any such money or other advantage matter or thing

aforesaid for another, as the consideration of his vote or official

influence,   in   consideration    of     the   payment   or   promise     of   such

money, advantage, matter or thing to another, shall be held guilty

of bribery, within the meaning of the Constitution, and shall incur

the disabilities provided for said offenses, with a forfeiture of

the office they may hold, and such other additional punishment as is

or shall be provided by law.

A



       Sec.A42.AA(Repealed Aug. 5, 1969.)

A



       Sec.A43.AA(Repealed Nov. 6, 2001.)

(TEMPORARY TRANSITION PROVISION for Sec. 43: See Appendix, Note 3.)



       Sec.A44.AACOUNTY TREASURER AND COUNTY SURVEYOR.               (a)AExcept

as   otherwise    provided   by   this    section,   the    Legislature         shall

prescribe the duties and provide for the election by the qualified

voters of each county in this State, of a County Treasurer and a

County Surveyor, who shall have an office at the county seat, and

hold their office for four years, and until their successors are

qualified; and shall have such compensation as may be provided by

law.

       (b)AAThe office of County Treasurer or County Surveyor does


                                         16
not exist in those counties in which the office has been abolished

pursuant to constitutional amendment or pursuant to the authority

of Subsection (c) of this section.

      (c)AAThe Commissioners Court of a county may call an election

to abolish the office of County Surveyor in the county.              The office

of County Surveyor in the county is abolished if a majority of the

voters of the county voting on the question at that election approve

the abolition.   If an election is called under this subsection, the

Commissioners Court shall order the ballot for the election to be

printed     to   provide          for   voting    for        or   against    the

proposition:AA"Abolishing the office of county surveyor of this

county."    If the office of County Surveyor is abolished under this

subsection, the maps, field notes, and other records in the custody

of the County Surveyor are transferred to the county officer or

employee designated by the Commissioners Court of the county in

which the office is abolished, and the Commissioners Court may from

time to time change its designation as it considers appropriate.

(Amended Nov. 2, 1954; Subsec. (a) amended and (b) and (c) added

Nov. 2, 1982; Subsec. (a) amended and (b)(1) added Nov. 6, 1984;

Subsecs. (a)-(c) amended and (d)-(f) added Nov. 5, 1985; Subsecs.

(c) and (d) amended and (f) and (g) added Nov. 3, 1987; Subsec. (f)

added Nov. 7, 1989; Subsec. (e) amended and two Subsecs. (h) added

Nov. 2, 1993; Subsec. (h), as added by Acts 1993, 73rd Leg., R.S.,

H.J.R. 21, relating to the office of County Surveyor in Jackson

County,    repealed   Nov.   4,    1997;     Subsec.   (b)   amended,   Subsecs.

(c)-(g) deleted, and Subsec. (h), as added by Acts 1993, 73rd Leg.,

R.S., H.J.R. 37, relating to abolition of the office of County

Surveyor, redesignated as Subsec. (c) Nov. 2, 1999.)                 (TEMPORARY

TRANSITION PROVISIONS for Sec. 44: See Appendix, Note 1.)



      Sec.A45.AA(Repealed Aug. 5, 1969.)

A



      Sec.A46.AA(Repealed Aug. 5, 1969.)

A



      Sec.A47.AA(Repealed Nov. 2, 1999.)


                                        17
(TEMPORARY TRANSITION PROVISIONS for Sec. 47: See Appendix, Note

1.)



      Sec.A48.AAEXISTING LAWS TO CONTINUE IN FORCE.                  All laws and

parts of laws now in force in the State of Texas, which are not

repugnant to the Constitution of the United States, or to this

Constitution, shall continue and remain in force as the laws of this

State, until they expire by their own limitation or shall be amended

or repealed by the Legislature.

A



      Sec.A49.AAPROTECTION OF PERSONAL PROPERTY FROM FORCED SALE.

The Legislature shall have power, and it shall be its duty, to

protect by law from forced sale a certain portion of the personal

property of all heads of families, and also of unmarried adults,

male and female.

A



      Sec.A50.AAHOMESTEAD; PROTECTION FROM FORCED SALE; MORTGAGES,

TRUST DEEDS, AND LIENS.       (a)AThe homestead of a family, or of a

single adult person, shall be, and is hereby protected from forced

sale, for the payment of all debts except for:

           (1)AAthe    purchase    money       thereof,     or   a   part   of   such

purchase money;

           (2)AAthe taxes due thereon;

           (3)AAan     owelty    of    partition       imposed       against      the

entirety of the property by a court order or by a written agreement

of the parties to the partition, including a debt of one spouse in

favor of the other spouse resulting from a division or an award of a

family homestead in a divorce proceeding;

           (4)AAthe    refinance      of   a    lien   against       a   homestead,

including a federal tax lien resulting from the tax debt of both

spouses, if the homestead is a family homestead, or from the tax

debt of the owner;

           (5)AAwork    and     material       used    in    constructing         new

improvements thereon, if contracted for in writing, or work and

material used to repair or renovate existing improvements thereon


                                      18
if:

                     (A)AAthe work and material are contracted for in

writing, with the consent of both spouses, in the case of a family

homestead, given in the same manner as is required in making a sale

and conveyance of the homestead;

                     (B)AAthe contract for the work and material is not

executed by the owner or the owner ’s spouse before the fifth day

after the owner makes written application for any extension of

credit for the work and material, unless the work and material are

necessary    to    complete    immediate      repairs   to   conditions     on   the

homestead property that materially affect the health or safety of

the owner or person residing in the homestead and the owner of the

homestead acknowledges such in writing;

                     (C)AAthe    contract      for     the   work   and    material

expressly provides that the owner may rescind the contract without

penalty or charge within three days after the execution of the

contract by all parties, unless the work and material are necessary

to    complete    immediate    repairs   to    conditions     on    the   homestead

property that materially affect the health or safety of the owner or

person residing in the homestead and the owner of the homestead

acknowledges such in writing; and

                     (D)AAthe contract for the work and material is

executed by the owner and the owner ’s spouse only at the office of a

third-party lender making an extension of credit for the work and

material, an attorney at law, or a title company;

             (6)AAan extension of credit that:

                     (A)AAis    secured       by   a   voluntary    lien    on   the

homestead created under a written agreement with the consent of

each owner and each owner ’s spouse;

                     (B)AAis of a principal amount that when added to

the aggregate total of the outstanding principal balances of all

other indebtedness secured by valid encumbrances of record against

the homestead does not exceed 80 percent of the fair market value of

the homestead on the date the extension of credit is made;

                     (C)AAis without recourse for personal liability

against each owner and the spouse of each owner, unless the owner or

spouse obtained the extension of credit by actual fraud;


                                         19
                      (D)AAis secured by a lien that may be foreclosed

upon only by a court order;

                      (E)AAdoes not require the owner or the owner ’s

spouse to pay, in addition to any interest, fees to any person that

are necessary to originate, evaluate, maintain, record, insure, or

service the extension of credit that exceed, in the aggregate,

three percent of the original principal amount of the extension of

credit;

                      (F)AAis not a form of open-end account that may be

debited from time to time or under which credit may be extended from

time to time unless the open-end account is a home equity line of

credit;

                      (G)AAis    payable       in   advance      without        penalty       or

other charge;

                      (H)AAis    not   secured        by   any   additional           real    or

personal property other than the homestead;

                      (I)AAis not secured by homestead property that on

the date of closing is designated for agricultural use as provided

by statutes governing property tax, unless such homestead property

is used primarily for the production of milk;

                      (J)AAmay not be accelerated because of a decrease

in the market value of the homestead or because of the owner ’s

default   under    other   indebtedness         not    secured        by   a   prior    valid

encumbrance against the homestead;

                      (K)AAis the only debt secured by the homestead at

the time the extension of credit is made unless the other debt was

made   for   a   purpose   described      by    Subsections           (a)(1)-(a)(5)           or

Subsection (a)(8) of this section;

                      (L)AAis scheduled to be repaid:

                            (i)AAin       substantially           equal         successive

periodic installments, not more often than every 14 days and not

less often than monthly, beginning no later than two months from the

date the extension of credit is made, each of which equals or

exceeds   the    amount    of   accrued    interest        as    of   the      date    of    the

scheduled installment; or

                            (ii)AAif the extension of credit is a home

equity    line   of   credit,     in   periodic        payments        described        under


                                          20
Subsection (t)(8) of this section;

                         (M)AAis closed not before:

                                (i)AAthe 12th day after the later of the date

that the owner of the homestead submits a loan application to the

lender for the extension of credit or the date that the lender

provides the owner a copy of the notice prescribed by Subsection (g)

of this section;

                                (ii)AAone business day after the date that

the owner of the homestead receives a copy of the loan application

if not previously provided and a final itemized disclosure of the

actual fees, points, interest, costs, and charges that will be

charged at closing. If a bona fide emergency or another good cause

exists and the lender obtains the written consent of the owner, the

lender may provide the documentation to the owner or the lender may

modify previously provided documentation on the date of closing;

and

                                (iii)AAthe first anniversary of the closing

date   of       any   other   extension   of    credit   described    by   Subsection

(a)(6) of this section secured by the same homestead property,

except      a    refinance     described   by     Paragraph    (Q)(x)(f)     of    this

subdivision, unless the owner on oath requests an earlier closing

due to a state of emergency that:

                                     (a)AAhas been declared by the president

of the United States or the governor as provided by law; and

                                     (b)AAapplies        to   the   area   where    the

homestead is located;

                         (N)AAis closed only at the office of the lender, an

attorney at law, or a title company;

                         (O)AApermits a lender to contract for and receive

any fixed or variable rate of interest authorized under statute;

                         (P)AAis made by one of the following that has not

been found by a federal regulatory agency to have engaged in the

practice of refusing to make loans because the applicants for the

loans reside or the property proposed to secure the loans is located

in a certain area:

                                (i)AAa bank, savings and loan association,

savings bank, or credit union doing business under the laws of this


                                           21
state or the United States;

                        (ii)AAa      federally            chartered         lending

instrumentality or a person approved as a mortgagee by the United

States government to make federally insured loans;

                        (iii)AAa person licensed to make regulated

loans, as provided by statute of this state;

                        (iv)AAa     person       who     sold      the   homestead

property to the current owner and who provided all or part of the

financing for the purchase;

                        (v)AAa person who is related to the homestead

property   owner    within    the   second        degree      of    affinity     or

consanguinity; or

                        (vi)AAa person regulated by this state as a

mortgage broker; and

                   (Q)AAis made on the condition that:

                        (i)AAthe    owner        of    the   homestead      is   not

required to apply the proceeds of the extension of credit to repay

another debt except debt secured by the homestead or debt to another

lender;

                        (ii)AAthe owner of the homestead not assign

wages as security for the extension of credit;

                        (iii)AAthe owner of the homestead not sign

any instrument in which blanks relating to substantive terms of

agreement are left to be filled in;

                        (iv)AAthe owner of the homestead not sign a

confession of judgment or power of attorney to the lender or to a

third person to confess judgment or to appear for the owner in a

judicial proceeding;

                        (v)AAat the time the extension of credit is

made, the owner of the homestead shall receive a copy of the final

loan application and all executed documents signed by the owner at

closing related to the extension of credit;

                        (vi)AAthe security instruments securing the

extension of credit contain a disclosure that the extension of

credit is the type of credit defined by Section 50(a)(6), Article

XVI, Texas Constitution;

                        (vii)AAwithin        a        reasonable     time     after


                                    22
termination and full payment of the extension of credit, the lender

cancel and return the promissory note to the owner of the homestead

and give the owner, in recordable form, a release of the lien

securing the extension of credit or a copy of an endorsement and

assignment of the lien to a lender that is refinancing the extension

of credit;

                       (viii)AAthe owner of the homestead and any

spouse of the owner may, within three days after the extension of

credit is made, rescind the extension of credit without penalty or

charge;

                       (ix)AAthe    owner   of    the    homestead        and    the

lender sign a written acknowledgment as to the fair market value of

the homestead property on the date the extension of credit is made;

                       (x)AAexcept as provided by Subparagraph (xi)

of this paragraph, the lender or any holder of the note for the

extension of credit shall forfeit all principal and interest of the

extension of credit if the lender or holder fails to comply with the

lender ’s or holder ’s obligations under the extension of credit and

fails to correct the failure to comply not later than the 60th day

after the date the lender or holder is notified by the borrower of

the lender ’s failure to comply by:

                              (a)AApaying    to    the    owner      an    amount

equal to any overcharge paid by the owner under or related to the

extension of credit if the owner has paid an amount that exceeds an

amount stated in the applicable Paragraph (E), (G), or (O) of this

subdivision;

                              (b)AAsending       the     owner    a       written

acknowledgement that the lien is valid only in the amount that the

extension of credit does not exceed the percentage described by

Paragraph (B) of this subdivision, if applicable, or is not secured

by   property   described   under   Paragraph     (H)     or   (I)    of        this

subdivision, if applicable;

                              (c)AAsending the owner a written notice

modifying any other amount, percentage, term, or other provision

prohibited by this section to a permitted amount, percentage, term,

or other provision and adjusting the account of the borrower to

ensure that the borrower is not required to pay more than an amount


                                    23
permitted by this section and is not subject to any other term or

provision prohibited by this section;

                                 (d)AAdelivering the required documents

to the borrower if the lender fails to comply with Subparagraph (v)

of this paragraph or obtaining the appropriate signatures if the

lender fails to comply with Subparagraph (ix) of this paragraph;

                                 (e)AAsending        the    owner      a    written

acknowledgement,    if    the   failure      to    comply   is     prohibited     by

Paragraph (K) of this subdivision, that the accrual of interest and

all of the owner ’s obligations under the extension of credit are

abated while any prior lien prohibited under Paragraph (K) remains

secured by the homestead; or

                                 (f)AAif the failure to comply cannot be

cured under Subparagraphs (x)(a)-(e) of this paragraph, curing the

failure to comply by a refund or credit to the owner of $1,000 and

offering the owner the right to refinance the extension of credit

with the lender or holder for the remaining term of the loan at no

cost to the owner on the same terms, including interest, as the

original extension of credit with any modifications necessary to

comply with this section or on terms on which the owner and the

lender or holder otherwise agree that comply with this section; and

                          (xi)AAthe lender or any holder of the note

for   the   extension    of   credit   shall      forfeit   all    principal     and

interest of the extension of credit if the extension of credit is

made by a person other than a person described under Paragraph (P)

of this subdivision or if the lien was not created under a written

agreement with the consent of each owner and each owner ’s spouse,

unless each owner and each owner ’s spouse who did not initially

consent subsequently consents;

              (7)AAa reverse mortgage; or

              (8)AAthe    conversion        and   refinance       of   a   personal

property lien secured by a manufactured home to a lien on real

property, including the refinance of the purchase price of the

manufactured home, the cost of installing the manufactured home on

the real property, and the refinance of the purchase price of the

real property.

       (b)AAAn   owner    or    claimant     of    the   property      claimed    as


                                       24
homestead may not sell or abandon the homestead without the consent

of each owner and the spouse of each owner, given in such manner as

may be prescribed by law.

        (c)AANo mortgage, trust deed, or other lien on the homestead

shall ever be valid unless it secures a debt described by this

section, whether such mortgage, trust deed, or other lien, shall

have been created by the owner alone, or together with his or her

spouse, in case the owner is married.             All pretended sales of the

homestead involving any condition of defeasance shall be void.

        (d)AAA purchaser or lender for value without actual knowledge

may    conclusively    rely   on   an   affidavit      that   designates    other

property as the homestead of the affiant and that states that the

property to be conveyed or encumbered is not the homestead of the

affiant.

        (e)AAA refinance of debt secured by a homestead and described

by any subsection under Subsections (a)(1)-(a)(5) that includes the

advance of additional funds may not be secured by a valid lien

against the homestead unless:

             (1)AAthe refinance of the debt is an extension of credit

described by Subsection (a)(6) of this section; or

             (2)AAthe advance of all the additional funds is for

reasonable costs necessary to refinance such debt or for a purpose

described by Subsection (a)(2), (a)(3), or (a)(5) of this section.

        (f)AAA   refinance    of   debt      secured   by   the   homestead,   any

portion of which is an extension of credit described by Subsection

(a)(6) of this section, may not be secured by a valid lien against

the homestead unless the refinance of the debt is an extension of

credit described by Subsection (a)(6) or (a)(7) of this section.

        (g)AAAn extension of credit described by Subsection (a)(6) of

this   section   may   be   secured   by   a   valid   lien   against   homestead

property if the extension of credit is not closed before the 12th

day after the lender provides the owner with the following written

notice on a separate instrument:

        "NOTICE CONCERNING EXTENSIONS OF CREDIT DEFINED BY SECTION

50(a)(6), ARTICLE XVI, TEXAS CONSTITUTION:

        "SECTION 50(a)(6), ARTICLE XVI, OF THE TEXAS CONSTITUTION

ALLOWS CERTAIN LOANS TO BE SECURED AGAINST THE EQUITY IN YOUR HOME.


                                        25
SUCH LOANS ARE COMMONLY KNOWN AS EQUITY LOANS.          IF YOU DO NOT REPAY

THE LOAN OR IF YOU FAIL TO MEET THE TERMS OF THE LOAN, THE LENDER MAY

FORECLOSE AND SELL YOUR HOME. THE CONSTITUTION PROVIDES THAT:

        "(A) THE LOAN MUST BE VOLUNTARILY CREATED WITH THE CONSENT OF

EACH OWNER OF YOUR HOME AND EACH OWNER ’S SPOUSE;

        "(B) THE PRINCIPAL LOAN AMOUNT AT THE TIME THE LOAN IS MADE

MUST NOT EXCEED AN AMOUNT THAT, WHEN ADDED TO THE PRINCIPAL BALANCES

OF ALL OTHER LIENS AGAINST YOUR HOME, IS MORE THAN 80 PERCENT OF THE

FAIR MARKET VALUE OF YOUR HOME;

        "(C) THE LOAN MUST BE WITHOUT RECOURSE FOR PERSONAL LIABILITY

AGAINST YOU AND YOUR SPOUSE UNLESS YOU OR YOUR SPOUSE OBTAINED THIS

EXTENSION OF CREDIT BY ACTUAL FRAUD;

        "(D) THE LIEN SECURING THE LOAN MAY BE FORECLOSED UPON ONLY

WITH A COURT ORDER;

        "(E) FEES AND CHARGES TO MAKE THE LOAN MAY NOT EXCEED 3

PERCENT OF THE LOAN AMOUNT;

        "(F) THE LOAN MAY NOT BE AN OPEN-END ACCOUNT THAT MAY BE

DEBITED FROM TIME TO TIME OR UNDER WHICH CREDIT MAY BE EXTENDED FROM

TIME TO TIME UNLESS IT IS A HOME EQUITY LINE OF CREDIT;

        "(G) YOU MAY PREPAY THE LOAN WITHOUT PENALTY OR CHARGE;

        "(H) NO ADDITIONAL COLLATERAL MAY BE SECURITY FOR THE LOAN;

        "(I) THE LOAN MAY NOT BE SECURED BY HOMESTEAD PROPERTY THAT IS

DESIGNATED FOR AGRICULTURAL USE AS OF THE DATE OF CLOSING, UNLESS

THE   AGRICULTURAL   HOMESTEAD   PROPERTY   IS   USED   PRIMARILY   FOR   THE

PRODUCTION OF MILK;

        "(J) YOU ARE NOT REQUIRED TO REPAY THE LOAN EARLIER THAN

AGREED SOLELY BECAUSE THE FAIR MARKET VALUE OF YOUR HOME DECREASES

OR BECAUSE YOU DEFAULT ON ANOTHER LOAN THAT IS NOT SECURED BY YOUR

HOME;

        "(K) ONLY ONE LOAN DESCRIBED BY SECTION 50(a)(6), ARTICLE

XVI, OF THE TEXAS CONSTITUTION MAY BE SECURED WITH YOUR HOME AT ANY

GIVEN TIME;

        "(L) THE LOAN MUST BE SCHEDULED TO BE REPAID IN PAYMENTS THAT

EQUAL OR EXCEED THE AMOUNT OF ACCRUED INTEREST FOR EACH PAYMENT

PERIOD;

        "(M) THE LOAN MAY NOT CLOSE BEFORE 12 DAYS AFTER YOU SUBMIT A

LOAN APPLICATION TO THE LENDER OR BEFORE 12 DAYS AFTER YOU RECEIVE


                                   26
THIS NOTICE, WHICHEVER DATE IS LATER; AND MAY NOT WITHOUT YOUR

CONSENT CLOSE BEFORE ONE BUSINESS DAY AFTER THE DATE ON WHICH YOU

RECEIVE A COPY OF YOUR LOAN APPLICATION IF NOT PREVIOUSLY PROVIDED

AND   A    FINAL      ITEMIZED   DISCLOSURE       OF   THE   ACTUAL      FEES,      POINTS,

INTEREST, COSTS, AND CHARGES THAT WILL BE CHARGED AT CLOSING; AND IF

YOUR HOME WAS SECURITY FOR THE SAME TYPE OF LOAN WITHIN THE PAST

YEAR, A NEW LOAN SECURED BY THE SAME PROPERTY MAY NOT CLOSE BEFORE

ONE YEAR HAS PASSED FROM THE CLOSING DATE OF THE OTHER LOAN, UNLESS

ON OATH YOU REQUEST AN EARLIER CLOSING DUE TO A DECLARED STATE OF

EMERGENCY;

          "(N) THE LOAN MAY CLOSE ONLY AT THE OFFICE OF THE LENDER,

TITLE COMPANY, OR AN ATTORNEY AT LAW;

          "(O) THE LENDER MAY CHARGE ANY FIXED OR VARIABLE RATE OF

INTEREST AUTHORIZED BY STATUTE;

          "(P)   ONLY    A   LAWFULLY      AUTHORIZED      LENDER       MAY   MAKE    LOANS

DESCRIBED        BY    SECTION      50(a)(6),     ARTICLE        XVI,    OF   THE     TEXAS

CONSTITUTION;

          "(Q) LOANS DESCRIBED BY SECTION 50(a)(6), ARTICLE XVI, OF THE

TEXAS CONSTITUTION MUST:

          "(1) NOT REQUIRE YOU TO APPLY THE PROCEEDS TO ANOTHER DEBT

EXCEPT A DEBT THAT IS SECURED BY YOUR HOME OR OWED TO ANOTHER

LENDER;

          "(2) NOT REQUIRE THAT YOU ASSIGN WAGES AS SECURITY;

          "(3) NOT REQUIRE THAT YOU EXECUTE INSTRUMENTS WHICH HAVE

BLANKS FOR SUBSTANTIVE TERMS OF AGREEMENT LEFT TO BE FILLED IN;

          "(4) NOT REQUIRE THAT YOU SIGN A CONFESSION OF JUDGMENT OR

POWER OF ATTORNEY TO ANOTHER PERSON TO CONFESS JUDGMENT OR APPEAR IN

A LEGAL PROCEEDING ON YOUR BEHALF;

          "(5)   PROVIDE     THAT    YOU   RECEIVE     A COPY     OF YOUR     FINAL LOAN

APPLICATION AND ALL EXECUTED DOCUMENTS YOU SIGN AT CLOSING;

          "(6)   PROVIDE      THAT    THE    SECURITY      INSTRUMENTS        CONTAIN     A

DISCLOSURE THAT THIS LOAN IS A LOAN DEFINED BY SECTION 50(a)(6),

ARTICLE XVI, OF THE TEXAS CONSTITUTION;

          "(7) PROVIDE THAT WHEN THE LOAN IS PAID IN FULL, THE LENDER

WILL SIGN AND GIVE YOU A RELEASE OF LIEN OR AN ASSIGNMENT OF THE

LIEN, WHICHEVER IS APPROPRIATE;

          "(8)   PROVIDE     THAT    YOU   MAY,   WITHIN     3   DAYS   AFTER    CLOSING,


                                            27
RESCIND THE LOAN WITHOUT PENALTY OR CHARGE;

      "(9) PROVIDE THAT YOU AND THE LENDER ACKNOWLEDGE THE FAIR

MARKET VALUE OF YOUR HOME ON THE DATE THE LOAN CLOSES; AND

      "(10) PROVIDE THAT THE LENDER WILL FORFEIT ALL PRINCIPAL AND

INTEREST    IF    THE     LENDER    FAILS         TO   COMPLY     WITH    THE    LENDER ’S

OBLIGATIONS      UNLESS    THE   LENDER      CURES      THE     FAILURE   TO    COMPLY    AS

PROVIDED   BY    SECTION    50(a)(6)(Q)(x),            ARTICLE     XVI,   OF    THE   TEXAS

CONSTITUTION; AND

      "(R) IF THE LOAN IS A HOME EQUITY LINE OF CREDIT:

      "(1) YOU MAY REQUEST ADVANCES, REPAY MONEY, AND REBORROW

MONEY UNDER THE LINE OF CREDIT;

      "(2) EACH ADVANCE UNDER THE LINE OF CREDIT MUST BE IN AN

AMOUNT OF AT LEAST $4,000;

      "(3) YOU MAY NOT USE A CREDIT CARD, DEBIT CARD, OR SIMILAR

DEVICE, OR PREPRINTED CHECK THAT YOU DID NOT SOLICIT, TO OBTAIN

ADVANCES UNDER THE LINE OF CREDIT;

      "(4) ANY FEES THE LENDER CHARGES MAY BE CHARGED AND COLLECTED

ONLY AT THE TIME THE LINE OF CREDIT IS ESTABLISHED AND THE LENDER

MAY NOT CHARGE A FEE IN CONNECTION WITH ANY ADVANCE;

      "(5) THE MAXIMUM PRINCIPAL AMOUNT THAT MAY BE EXTENDED, WHEN

ADDED TO ALL OTHER DEBTS SECURED BY YOUR HOME, MAY NOT EXCEED 80

PERCENT OF THE FAIR MARKET VALUE OF YOUR HOME ON THE DATE THE LINE OF

CREDIT IS ESTABLISHED;

      "(6) IF THE PRINCIPAL BALANCE UNDER THE LINE OF CREDIT AT ANY

TIME EXCEEDS 50 PERCENT OF THE FAIR MARKET VALUE OF YOUR HOME, AS

DETERMINED ON THE DATE THE LINE OF CREDIT IS ESTABLISHED, YOU MAY

NOT CONTINUE TO REQUEST ADVANCES UNDER THE LINE OF CREDIT UNTIL THE

BALANCE IS LESS THAN 50 PERCENT OF THE FAIR MARKET VALUE; AND

      "(7) THE LENDER MAY NOT UNILATERALLY AMEND THE TERMS OF THE

LINE OF CREDIT.

      "THIS NOTICE IS ONLY A SUMMARY OF YOUR RIGHTS UNDER THE TEXAS

CONSTITUTION. YOUR RIGHTS ARE GOVERNED BY SECTION 50, ARTICLE XVI,

OF THE TEXAS CONSTITUTION, AND NOT BY THIS NOTICE."

      If the discussions with the borrower are conducted primarily

in a language other than English, the lender shall, before closing,

provide    an    additional      copy   of    the      notice    translated     into     the

written language in which the discussions were conducted.


                                             28
       (h)AAA lender or assignee for value may conclusively rely on

the   written   acknowledgment      as   to    the   fair   market    value of    the

homestead       property    made      in       accordance      with     Subsection

(a)(6)(Q)(ix) of this section if:

            (1)AAthe value acknowledged to is the value estimate in

an appraisal or evaluation prepared in accordance with a state or

federal requirement applicable to an extension of credit under

Subsection (a)(6); and

            (2)AAthe       lender   or     assignee     does   not    have    actual

knowledge at the time of the payment of value or advance of funds by

the lender or assignee that the fair market value stated in the

written acknowledgment was incorrect.

       (i)AAThis subsection shall not affect or impair any right of

the borrower to recover damages from the lender or assignee under

applicable law for wrongful foreclosure.                A purchaser for value

without   actual   knowledge    may      conclusively       presume   that    a   lien

securing an extension of credit described by Subsection (a)(6) of

this section was a valid lien securing the extension of credit with

homestead property if:

            (1)AAthe security instruments securing the extension of

credit contain a disclosure that the extension of credit secured by

the lien was the type of credit defined by Section 50(a)(6), Article

XVI, Texas Constitution;

            (2)AAthe purchaser acquires the title to the property

pursuant to or after the foreclosure of the voluntary lien; and

            (3)AAthe purchaser is not the lender or assignee under

the extension of credit.

       (j)AASubsection      (a)(6)       and   Subsections     (e)-(i)       of   this

section are not severable, and none of those provisions would have

been enacted without the others.               If any of those provisions are

held to be preempted by the laws of the United States, all of those

provisions are invalid.      This subsection shall not apply to any lien

or extension of credit made after January 1, 1998, and before the

date any provision under Subsection (a)(6) or Subsections (e)-(i)

is held to be preempted.

       (k)AA"Reverse mortgage" means an extension of credit:

            (1)AAthat is secured by a voluntary lien on homestead


                                         29
property created by a written agreement with the consent of each

owner and each owner ’s spouse;

                (2)AAthat is made to a person who is or whose spouse is

62 years or older;

                (3)AAthat        is    made     without    recourse        for    personal

liability against each owner and the spouse of each owner;

                (4)AAunder which advances are provided to a borrower

based on the equity in a borrower ’ homestead;
                                   s

                (5)AAthat       does    not   permit     the   lender    to   reduce        the

amount     or   number     of    advances     because     of   an   adjustment         in   the

interest rate if periodic advances are to be made;

                (6)AAthat requires no payment of principal or interest

until:

                      (A)AAall borrowers have died;

                      (B)AAthe homestead property securing the loan is

sold or otherwise transferred;

                      (C)AAall borrowers cease occupying the homestead

property for a period of longer than 12 consecutive months without

prior written approval from the lender; or

                      (D)AAthe borrower:

                                (i)AAdefaults on an obligation specified in

the   loan      documents        to    repair      and   maintain,      pay      taxes      and

assessments on, or insure the homestead property;

                                (ii)AAcommits        actual    fraud     in      connection

with the loan; or

                                (iii)AAfails to maintain the priority of the

lender ’s lien on the homestead property, after the lender gives

notice to the borrower, by promptly discharging any lien that has

priority or may obtain priority over the lender ’s lien within 10

days after the date the borrower receives the notice, unless the

borrower:

                                        (a)AAagrees in writing to the payment

of the obligation secured by the lien in a manner acceptable to the

lender;

                                        (b)AAcontests in good faith the lien

by,   or    defends      against        enforcement       of   the    lien       in,    legal

proceedings      so   as    to    prevent     the    enforcement      of   the     lien      or


                                              30
forfeiture of any part of the homestead property; or

                                        (c)AAsecures       from     the     holder      of    the

lien an agreement satisfactory to the lender subordinating the lien

to   all    amounts    secured     by    the     lender ’s    lien    on    the    homestead

property;

                (7)AAthat provides that if the lender fails to make loan

advances as required in the loan documents and if the lender fails

to cure the default as required in the loan documents after notice

from the borrower, the lender forfeits all principal and interest

of the reverse mortgage, provided, however, that this subdivision

does not apply when a governmental agency or instrumentality takes

an assignment of the loan in order to cure the default;

                (8)AAthat is not made unless the owner of the homestead

attests in writing that the owner received counseling regarding the

advisability       and      availability        of    reverse      mortgages      and     other

financial alternatives;

                (9)AAthat requires the lender, at the time the loan is

made, to disclose to the borrower by written notice the specific

provisions contained in Subdivision (6) of this subsection under

which the borrower is required to repay the loan;

                (10)AAthat      does      not    permit      the    lender    to     commence

foreclosure until the lender gives notice to the borrower, in the

manner provided for a notice by mail related to the foreclosure of

liens under Subsection (a)(6) of this section, that a ground for

foreclosure exists and gives the borrower at least 30 days, or at

least      20   days   in    the   event        of   a   default     under     Subdivision

(6)(D)(iii) of this subsection, to:

                       (A)AAremedy the condition creating the ground for

foreclosure;

                       (B)AApay         the    debt      secured     by     the    homestead

property from proceeds of the sale of the homestead property by the

borrower or from any other sources; or

                       (C)AAconvey the homestead property to the lender

by a deed in lieu of foreclosure; and

                (11)AAthat is secured by a lien that may be foreclosed

upon only by a court order, if the foreclosure is for a ground other

than    a   ground     stated      by    Subdivision        (6)(A)     or    (B)     of      this


                                              31
subsection.

      (l)AAAdvances made under a reverse mortgage and interest on

those advances have priority over a lien filed for record in the

real property records in the county where the homestead property is

located after the reverse mortgage is filed for record in the real

property records of that county.

      (m)AAA reverse mortgage may provide for an interest rate that

is fixed or adjustable and may also provide for interest that is

contingent    on       appreciation    in    the        fair       market    value      of   the

homestead property.          Although payment of principal or interest

shall not be required under a reverse mortgage until the entire loan

becomes due and payable, interest may accrue and be compounded

during the term of the loan as provided by the reverse mortgage loan

agreement.

      (n)AAA     reverse     mortgage       that       is    secured    by    a    valid     lien

against homestead property may be made or acquired without regard

to the following provisions of any other law of this state:

              (1)AAa      limitation    on       the    purpose      and     use   of   future

advances or other mortgage proceeds;

              (2)AAa limitation on future advances to a term of years

or a limitation on the term of open-end account advances;

              (3)AAa      limitation    on       the        term   during     which     future

advances take priority over intervening advances;

              (4)AAa requirement that a maximum loan amount be stated

in the reverse mortgage loan documents;

              (5)AAa prohibition on balloon payments;

              (6)AAa prohibition on compound interest and interest on

interest;

              (7)AAa      prohibition   on       contracting          for,    charging,        or

receiving any rate of interest authorized by any law of this state

authorizing a lender to contract for a rate of interest; and

              (8)AAa requirement that a percentage of the reverse

mortgage proceeds be advanced before the assignment of the reverse

mortgage.

      (o)AAFor the purposes of determining eligibility under any

statute relating to payments, allowances, benefits, or services

provided    on     a    means-tested    basis           by    this     state,       including


                                            32
supplemental    security      income,        low-income      energy     assistance,

property tax relief, medical assistance, and general assistance:

             (1)AAreverse mortgage loan advances made to a borrower

are considered proceeds from a loan and not income; and

             (2)AAundisbursed funds under a reverse mortgage loan

are considered equity in a borrower ’s home and not proceeds from a

loan.

        (p)AAThe advances made on a reverse mortgage loan under which

more than one advance is made must be made according to the terms

established by the loan documents by one or more of the following

methods:

             (1)AAan initial advance at any time and future advances

at regular intervals;

             (2)AAan initial advance at any time and future advances

at regular intervals in which the amounts advanced may be reduced,

for one or more advances, at the request of the borrower;

             (3)AAan initial advance at any time and future advances

at times and in amounts requested by the borrower until the credit

limit established by the loan documents is reached;

             (4)AAan initial advance at any time, future advances at

times and in amounts requested by the borrower until the credit

limit established by the loan documents is reached, and subsequent

advances   at   times   and   in     amounts       requested    by    the     borrower

according to the terms established by the loan documents to the

extent that the outstanding balance is repaid; or

             (5)AAat    any   time    by     the   lender,     on    behalf    of   the

borrower, if the borrower fails to timely pay any of the following

that the borrower is obligated to pay under the loan documents to

the extent necessary to protect the lender ’s interest in or the

value of the homestead property:

                  (A)AAtaxes;

                  (B)AAinsurance;

                  (C)AAcosts of repairs or maintenance performed by

a person or company that is not an employee of the lender or a person

or company that directly or indirectly controls, is controlled by,

or is under common control with the lender;

                  (D)AAassessments           levied    against       the    homestead


                                        33
property; and

                       (E)AAany lien that has, or may obtain, priority

over the lender ’s lien as it is established in the loan documents.

         (q)AATo the extent that any statutes of this state, including

without limitation, Section 41.001 of the Texas Property Code,

purport    to    limit   encumbrances        that      may    properly      be   fixed      on

homestead property in a manner that does not permit encumbrances

for extensions of credit described in Subsection (a)(6) or (a)(7)

of this section, the same shall be superseded to the extent that

such encumbrances shall be permitted to be fixed upon homestead

property in the manner provided for by this amendment.

         (r)AAThe     supreme    court      shall      promulgate        rules   of     civil

procedure      for   expedited   foreclosure           proceedings       related      to    the

foreclosure of liens under Subsection (a)(6) of this section and to

foreclosure of a reverse mortgage lien that requires a court order.

         (s)AAThe Finance Commission of Texas shall appoint a director

to conduct research on the availability, quality, and prices of

financial services and research the practices of business entities

in the state that provide financial services under this section.

The   director       shall   collect   information           and   produce      reports      on

lending activity of those making loans under this section.                                 The

director shall report his or her findings to the legislature not

later than December 1 of each year.

         (t)AAA home equity line of credit is a form of an open-end

account that may be debited from time to time, under which credit

may be extended from time to time and under which:

                (1)AAthe     owner    requests      advances,       repays      money,      and

reborrows money;

                (2)AAany     single    debit      or     advance    is    not    less      than

$4,000;

                (3)AAthe owner does not use a credit card, debit card,

or similar device, or preprinted check unsolicited by the borrower,

to obtain an advance;

                (4)AAany fees described by Subsection (a)(6)(E) of this

section are charged and collected only at the time the extension of

credit    is    established     and    no   fee     is    charged    or    collected        in

connection with any debit or advance;


                                            34
              (5)AAthe maximum principal amount that may be extended

under   the   account,    when       added     to   the    aggregate      total    of     the

outstanding principal balances of all indebtedness secured by the

homestead on the date the extension of credit is established, does

not exceed an amount described under Subsection (a)(6)(B) of this

section;

              (6)AAno additional debits or advances are made if the

total principal amount outstanding exceeds an amount equal to 50

percent of the fair market value of the homestead as determined on

the date the account is established;

              (7)AAthe lender or holder may not unilaterally amend

the extension of credit; and

              (8)AArepayment         is   to       be    made    in   regular     periodic

installments, not more often than every 14 days and not less often

than monthly, beginning not later than two months from the date the

extension of credit is established, and:

                   (A)AAduring the period during which the owner may

request advances, each installment equals or exceeds the amount of

accrued interest; and

                   (B)AAafter the period during which the owner may

request advances, installments are substantially equal.

        (u)AAThe legislature may by statute delegate one or more

state agencies the power to interpret Subsections (a)(5)-(a)(7),

(e)-(p), and (t), of this section. An act or omission does not

violate a provision included in those subsections if the act or

omission conforms to an interpretation of the provision that is:

              (1)AAin effect at the time of the act or omission; and

              (2)AAmade    by    a    state       agency    to    which    the   power     of

interpretation is delegated as provided by this subsection or by an

appellate court of this state or the United States.

        (v)AAA reverse mortgage must provide that:

              (1)AAthe owner does not use a credit card, debit card,

preprinted    solicitation       check,       or    similar      device    to    obtain   an

advance;

              (2)AAafter    the        time        the    extension       of    credit     is

established, no transaction fee is charged or collected solely in

connection with any debit or advance; and


                                             35
            (3)AAthe lender or holder may not unilaterally amend

the extension of credit.

(Amended Nov. 6, 1973, and Nov. 7, 1995; Subsecs. (a)-(d) amended

and (e)-(s) added Nov. 4, 1997;    Subsecs. (k), (p), and (r) amended

Nov. 2, 1999; Subsec. (a) amended Nov. 6, 2001; Subsecs. (a), (f),

and (g) amended and (t) and (u) added Sept. 13, 2003; Subsec. (p)

amended and (v) added Nov. 8, 2005; Subsecs. (a), (g), and (t)

amended Nov. 6, 2007.)



      Sec.A51.AAAMOUNT OF HOMESTEAD; USES.       The homestead, not in a

town or city, shall consist of not more than two hundred acres of

land, which may be in one or more parcels, with the improvements

thereon; the homestead in a city, town or village, shall consist of

lot or contiguous lots amounting to not more than 10 acres of land,

together with any improvements on the land; provided, that the

homestead in a city, town or village shall be used for the purposes

of a home, or as both an urban home and a place to exercise a calling

or business, of the homestead claimant, whether a single adult

person, or the head of a family; provided also, that any temporary

renting of the homestead shall not change the character of the same,

when no other homestead has been acquired; provided further that a

release or refinance of an existing lien against a homestead as to a

part of the homestead does not create an additional burden on the

part of the homestead property that is unreleased or subject to the

refinance, and a new lien is not invalid only for that reason.

      NOTE:AAThe joint resolution amending Sec. 51 in 1983 included

a section that did not purport to amend the constitution and that

provided the following:    "This amendment applies to all homesteads

in this state, including homesteads acquired before the adoption of

this amendment."

A



      Sec.A52.AADESCENT      AND        DISTRIBUTION   OF    HOMESTEAD;

RESTRICTIONS ON PARTITION.   On the death of the husband or wife, or

both, the homestead shall descend and vest in like manner as other

real property of the deceased, and shall be governed by the same

laws of descent and distribution, but it shall not be partitioned


                                   36
among the heirs of the deceased during the lifetime of the surviving

husband or wife, or so long as the survivor may elect to use or

occupy the same as a homestead, or so long as the guardian of the

minor children of the deceased may be permitted, under the order of

the proper court having the jurisdiction, to use and occupy the

same.

A



        Sec.A53.AA(Repealed Nov. 2, 1999.)

(TEMPORARY TRANSITION PROVISIONS for Sec. 53: See Appendix, Note

1.)



        Sec.A54.AA(Repealed Aug. 5, 1969.)

A



        Sec.A55.AA(Repealed Aug. 5, 1969.)

A



        Sec.A56.AA(Repealed Nov. 6, 2001.)

(TEMPORARY TRANSITION PROVISION for Sec. 56: See Appendix, Note 3.)



        Sec.A57.AA(Repealed Aug. 5, 1969.)

A



        Sec.A58.AA(Repealed Aug. 5, 1969.)

A



        Sec.A59.AACONSERVATION AND DEVELOPMENT OF NATURAL RESOURCES

AND     PARKS   AND   RECREATIONAL        FACILITIES;    CONSERVATION   AND

RECLAMATION DISTRICTS.    (a)AThe conservation and development of all

of the natural resources of this State, and development of parks and

recreational     facilities,   including        the     control,   storing,

preservation and distribution of its storm and flood waters, the

waters of its rivers and streams, for irrigation, power and all

other useful purposes, the reclamation and irrigation of its arid,

semiarid and other lands needing irrigation, the reclamation and

drainage of its overflowed lands, and other lands needing drainage,


                                     37
the    conservation            and    development         of     its      forests,        water    and

hydro-electric power, the navigation of its inland and coastal

waters, and the preservation and conservation of all such natural

resources of the State are each and all hereby declared public

rights and duties; and the Legislature shall pass all such laws as

may be appropriate thereto.

         (b)AAThere may be created within the State of Texas, or the

State    may       be    divided         into,    such    number          of    conservation       and

reclamation districts as may be determined to be essential to the

accomplishment            of    the        purposes       of    this           amendment    to     the

constitution, which districts shall be governmental agencies and

bodies politic and corporate with such powers of government and

with    the    authority            to    exercise       such    rights,          privileges       and

functions concerning the subject matter of this amendment as may be

conferred by law.

         (c)AAThe Legislature shall authorize all such indebtedness

as may be necessary to provide all improvements and the maintenance

thereof      requisite         to    the    achievement         of    the       purposes    of    this

amendment.         All such indebtedness may be evidenced by bonds of such

conservation and reclamation districts, to be issued under such

regulations as may be prescribed by law.                        The Legislature shall also

authorize the levy and collection within such districts of all such

taxes, equitably distributed, as may be necessary for the payment

of the interest and the creation of a sinking fund for the payment

of    such    bonds      and    for       the    maintenance         of    such    districts       and

improvements.           Such indebtedness shall be a lien upon the property

assessed      for       the    payment      thereof.           The   Legislature          shall    not

authorize the issuance of any bonds or provide for any indebtedness

against      any    reclamation           district      unless       such       proposition      shall

first be submitted to the qualified voters of such district and the

proposition adopted.

         (c-1) In addition and only as provided by this subsection,

the     Legislature           may     authorize         conservation             and     reclamation

districts      to       develop      and    finance       with       taxes       those    types    and

categories         of   parks       and    recreational         facilities         that    were    not

authorized by this section to be developed and financed with taxes

before    September           13,    2003.       For    development         of    such    parks    and


                                                   38
recreational          facilities,           the        Legislature           may     authorize

indebtedness payable from taxes as may be necessary to provide for

improvements      and     maintenance             only      for    a    conservation          and

reclamation      district   all       or    part       of   which is    located       in    Bexar

County, Bastrop County, Waller County, Travis County, Williamson

County, Harris County, Galveston County, Brazoria County, Fort Bend

County, or Montgomery County, or for the Tarrant Regional Water

District, a water control and improvement district located in whole

or in part in Tarrant County. All the indebtedness may be evidenced

by bonds of the conservation and reclamation district, to be issued

under regulations as may be prescribed by law. The Legislature may

also authorize the levy and collection within such district of all

taxes, equitably distributed, as may be necessary for the payment

of the interest and the creation of a sinking fund for the payment

of the bonds and for maintenance of and improvements to such parks

and recreational facilities. The indebtedness shall be a lien on

the property assessed for the payment of the bonds. The Legislature

may not authorize the issuance of bonds or provide for indebtedness

under    this    subsection      against          a    conservation      and        reclamation

district unless a proposition is first submitted to the qualified

voters    of    the   district        and   the       proposition       is    adopted.       This

subsection expands the authority of the Legislature with respect to

certain    conservation         and    reclamation           districts        and    is    not   a

limitation on the authority of the Legislature with respect to

conservation and reclamation districts and parks and recreational

facilities      pursuant    to   this       section         as   that   authority         existed

before September 13, 2003.

         (d)AANo law creating a conservation and reclamation district

shall be passed unless notice of the intention to introduce such a

bill setting forth the general substance of the contemplated                                  law

shall have been published at least thirty (30) days and not more

than    ninety   (90)    days    prior       to       the   introduction       thereof      in   a

newspaper or newspapers having general circulation                             in the county

or counties in which said district or any part thereof is or will be

located and by delivering a copy of such notice and such bill to the

Governor who shall submit such notice and bill to the Texas Water

Commission, or its successor, which shall file its recommendation


                                              39
as to such bill with the Governor, Lieutenant Governor and Speaker

of the House of Representatives within thirty (30) days from date

notice was received by the Texas Water Commission.                  Such notice and

copy of bill shall also be given of the introduction of any bill

amending a law creating or governing a particular conservation and

reclamation district if such bill (1) adds additional land to the

district, (2) alters the taxing authority of the district, (3)

alters the authority of the district with respect to the issuance of

bonds, or (4) alters the qualifications or terms of office of the

members of the governing body of the district.

         (e)AANo law creating a conservation and reclamation district

shall be passed unless, at the time notice of the intention to

introduce a bill is published as provided in Subsection (d) of this

section,     a   copy   of   the    proposed    bill    is    delivered     to   the

commissioners court of each county in which said district or any

part thereof is or will be located and to the governing body of each

incorporated city or town in whose jurisdiction said district or

any part thereof is or will be located.                Each such commissioners

court and governing body may file its written consent or opposition

to   the   creation     of   the   proposed    district      with   the   governor,

lieutenant governor, and speaker of the house of representatives.

Each special law creating a conservation and reclamation district

shall comply with the provisions of the general laws then in effect

relating to consent by political subdivisions to the creation of

conservation and reclamation districts and to the inclusion of land

within the district.

         (f)AAA conservation and reclamation district created under

this section to perform any or all of the purposes of this section

may engage in fire-fighting activities and may issue bonds or other

indebtedness for fire-fighting purposes as provided by law and this

constitution.

(Added Aug. 21, 1917; Subsec. (d) added Nov. 3, 1964; Subsec. (e)

added Nov. 6, 1973; Subsec. (f) added Nov. 7, 1978; Subsec. (c)

amended Nov. 2, 1999; Subsec. (a) amended and (c-1) added Sept. 13,

2003.)     (TEMPORARY TRANSITION PROVISIONS for Sec. 59: See Appendix,

Note 1.)




                                        40
       Sec.A60.AA(Repealed Aug. 5, 1969.)

A



       Sec.A61.AACOMPENSATION             OF    DISTRICT,       COUNTY,    AND    PRECINCT

OFFICERS;     SALARY       OR   FEE   BASIS;       DISPOSITION    OF   FEES.       (a)AAll

district officers in the State of Texas and all county officers                           in

counties having a population of twenty thousand (20,000) or more,

according     to    the    then   last    preceding        Federal   Census,      shall   be

compensated on a salary basis.

       (b)AAIn all counties in this State, the Commissioners Courts

shall be authorized to determine whether precinct officers shall be

compensated on a fee basis or on a salary basis, with the exception

that   it   shall     be   mandatory      upon       the   Commissioners     Courts,      to

compensate     all        justices       of    the     peace,    constables,        deputy

constables and precinct law enforcement officers on a salary basis.

       (c)AAIn counties having a population of less than twenty

thousand (20,000), according to the then last preceding Federal

Census, the Commissioners Courts have the authority to determine

whether     county officers shall be compensated on a fee basis or on a

salary basis, with the exception that it shall be mandatory upon the

Commissioners Courts to compensate all sheriffs, deputy sheriffs,

county law enforcement officers including sheriffs who also perform

the duties of assessor and collector of taxes, and their deputies,

on a salary basis.

       (d)AAAll       fees      earned    by    district,       county     and    precinct

officers shall be paid into the county treasury where earned for the

account of the proper fund, provided that fees incurred by the

State, county and any municipality, or in case where a pauper ’s oath

is filed, shall be paid into the county treasury when collected and

provided that where any officer is compensated wholly on a fee basis

such fees may be retained by such officer or paid into the treasury

of the county as the Commissioners Court may direct.

       (e)AAAll       Notaries        Public,       county    surveyors      and    public

weighers shall continue to be compensated on a fee basis.

(Added Aug. 24, 1935; amended Nov. 2, 1948, Nov. 7, 1972, and Nov.

2,   1999.)        (TEMPORARY     TRANSITION         PROVISIONS      for   Sec.    61:    See

Appendix, Note 1.)


                                              41
         Sec.A62.AA(Repealed April 22, 1975.)

A



         Sec.A63.AA(Repealed April 22, 1975.)

A



         Sec.A64.AATERMS OF OFFICE, CERTAIN OFFICES.            The elective

district, county, and precinct offices which have heretofore had

terms of two years, shall hereafter have terms of four years; and

the holders of such offices shall serve until their successors are

qualified.

(Added Nov. 2, 1954; amended Nov. 6, 2007.)



         Sec.A65.AATERMS OF OFFICE;     AUTOMATIC RESIGNATION.        (a)AThis

section applies to the following offices: District Clerks; County

Clerks; County Judges; Judges of the County Courts at Law, County

Criminal     Courts,   County   Probate    Courts     and   County    Domestic

Relations Courts; County Treasurers; Criminal District Attorneys;

County    Surveyors;   County   Commissioners;      Justices   of   the    Peace;

Sheriffs; Assessors and Collectors of Taxes; District Attorneys;

County Attorneys; Public Weighers; and Constables.

         (b)AAIf any of the officers named herein shall announce their

candidacy, or shall in fact become a candidate, in any General,

Special or Primary Election, for any office of profit or trust under

the laws of this State or the United States other than the office

then held, at any time when the unexpired term of the office then

held shall exceed one year and 30 days, such announcement or such

candidacy shall constitute an automatic resignation of the office

then held, and the vacancy thereby created shall be filled pursuant

to law in the same manner as other vacancies for such office are

filled.

(Added Nov. 2, 1954; amended Nov. 4, 1958, and Nov. 2, 1999; Subsec.

(a)   amended   Nov.   6,   2007;   Subsec.   (b)   amended    Nov.   8,   2011)

(TEMPORARY TRANSITION PROVISIONS for Sec. 65: See Appendix, Note

1.)




                                      42
       Sec.A65A.AA(Repealed Nov. 6, 2001.)

(TEMPORARY TRANSITION PROVISION for Sec. 65A: See Appendix, Note

3.)



       Sec.A66.AAPROTECTED BENEFITS UNDER CERTAIN PUBLIC RETIREMENT

SYSTEMS.     (a)AThis section applies only to a public retirement

system that is not a statewide system and that provides service and

disability      retirement      benefits      and   death       benefits   to    public

officers and employees.

       (b)AAThis     section     does   not    apply   to   a     public   retirement

system that provides service and disability retirement benefits and

death benefits to firefighters and police officers employed by the

City of San Antonio.

       (c)AAThis section does not apply to benefits that are:

             (1)AAhealth benefits;

             (2)AAlife insurance benefits; or

             (3)AAdisability          benefits      that    a    retirement      system

determines are no longer payable under the terms of the retirement

system as those terms existed on the date the retirement system

began paying the disability benefits.

       (d)AAOn or after the effective date of this section, a change

in service or disability retirement benefits or death benefits of a

retirement      system   may   not    reduce   or   otherwise       impair   benefits

accrued by a person if the person:

             (1)AAcould have terminated employment or has terminated

employment before the effective date of the change; and

             (2)AAwould        have    been    eligible     for    those     benefits,

without    accumulating        additional      service     under    the    retirement

system, on any date on or after the effective date of the change had

the change not occurred.

       (e)AABenefits granted to a retiree or other annuitant before

the effective date of this section and in effect on that date may

not be reduced or otherwise impaired.

       (f)AAThe     political        subdivision     or    subdivisions         and   the

retirement system that finance benefits under the retirement system

are   jointly    responsible     for    ensuring     that   benefits       under      this

section are not reduced or otherwise impaired.


                                         43
         (g)AAThis    section         does   not    create       a   liability         or    an

obligation to a retirement system for a member of the retirement

system    other    than    the   payment     by    active   members       of    a   required

contribution or a future required contribution to the retirement

system.

         (h)AAA retirement system described by Subsection (a) and the

political subdivision or subdivisions that finance benefits under

the    retirement    system      are    exempt     from   the    application          of   this

section if:

               (1)AAthe political subdivision or subdivisions hold an

election on the date in May 2004 that political subdivisions may use

for the election of their officers;

               (2)AAthe      majority        of    the    voters     of     a       political

subdivision voting at the election favor exempting the political

subdivision and the retirement system from the application of this

section; and

               (3)AAthe exemption is the only issue relating to the

funding and benefits of the retirement system that is presented to

the voters at the election.

(Former Sec. 66 repealed Nov. 2, 1999; current Sec. 66 added Sept.

13, 2003.)



         Sec.A67.AASTATE AND LOCAL RETIREMENT SYSTEMS.                          (a)AGeneral

Provisions. (1) The legislature may enact general laws establishing

systems and programs of retirement and related disability and death

benefits for public employees and officers.                     Financing of benefits

must be based on sound actuarial principles.                    The assets of a system

are    held   in   trust   for    the    benefit     of   members     and       may   not   be

diverted.

               (2)AAA person may not receive benefits from more than

one system for the same service, but the legislature may provide by

law that a person with service covered by more than one system or

program is entitled to a fractional benefit from each system or

program based on service rendered under each system or program

calculated as to amount upon the benefit formula used in that system

or    program.     Transfer      of    service     credit   between       the       Employees

Retirement System of Texas and the Teacher Retirement System of


                                             44
Texas also may be authorized by law.

                 (3)AAEach statewide benefit system must have a board of

trustees to administer the system and to invest the funds of the

system     in    such    securities      as      the   board     may    consider       prudent

investments.          In making investments, a board shall exercise the

judgment and care under the circumstances then prevailing that

persons     of    ordinary        prudence,        discretion,          and      intelligence

exercise in the management of their own affairs, not in regard to

speculation, but in regard to the permanent disposition of their

funds, considering the probable income therefrom as well as the

probable    safety       of   their    capital.        The     legislature        by   law    may

further restrict the investment discretion of a board.

                 (4)AAGeneral laws establishing retirement systems and

optional retirement programs for public employees and officers in

effect at the time of the adoption of this section remain in effect,

subject to the general powers of the legislature established in

this subsection.

         (b)AAState Retirement Systems.                   (1)AAThe legislature shall

establish by law a Teacher Retirement System of Texas to provide

benefits for persons employed in the public schools, colleges, and

universities          supported   wholly      or   partly       by   the      state.     Other

employees may be included under the system by law.

                 (2)AAThe       legislature        shall        establish        by    law     an

Employees       Retirement      System      of    Texas    to    provide        benefits      for

officers and employees of the state and such state-compensated

officers and employees of appellate courts and judicial districts

as may be included under the system by law.

                 (3)AAThe amount contributed by a person participating

in   the   Employees          Retirement      System      of    Texas      or    the   Teacher

Retirement System of Texas shall be established by the legislature

but may not be less than six percent of current compensation.                                 The

amount contributed by the state may not be less than six percent nor

more   than      10    percent    of    the      aggregate       compensation          paid    to

individuals       participating        in   the    system.        In    an      emergency,    as

determined by the governor, the legislature may appropriate such

additional sums as are actuarially determined to be required to

fund benefits authorized by law.


                                              45
         (c)AALocal Retirement Systems.                       (1)AAThe legislature shall

provide by law for:

                         (A)AAthe creation by any city or county of a system

of benefits for its officers and employees;

                         (B)AAa      statewide          system       of     benefits         for    the

officers and employees of counties or other political subdivisions

of the state in which counties or other political subdivisions may

voluntarily participate; and

                         (C)AAa statewide system of benefits for officers

and     employees        of    cities       in     which           cities    may       voluntarily

participate.

               (2)AABenefits under these systems must be reasonably

related to participant tenure and contributions.

         (d)AAJudicial Retirement System.                          (1)AANotwithstanding any

other    provision        of       this    section,          the    system       of    retirement,

disability, and survivors ’ benefits heretofore established in the

constitution or by law for justices, judges, and commissioners of

the   appellate      courts         and    judges       of   the     district         and    criminal

district courts is continued in effect.                       Contributions required and

benefits payable are to be as provided by law.

               (2)AAGeneral administration of the Judicial Retirement

System    of   Texas     is    by    the    Board       of    Trustees      of    the       Employees

Retirement     System         of    Texas       under    such       regulations         as    may   be

provided by law.

         (e)AAAnticipatory            Legislation.                 Legislation         enacted       in

anticipation        of    this       amendment          is    not     void     because         it   is

anticipatory.

         (f)AARetirement Systems Not Belonging to a Statewide System.

The   board    of   trustees          of    a    system       or     program      that       provides

retirement and related disability and death benefits for public

officers and employees and that does not participate in a statewide

public retirement system shall:

               (1)AAadminister the system or program of benefits;

               (2)AAhold the assets of the system or program for the

exclusive purposes of providing benefits to participants and their

beneficiaries and defraying reasonable expenses of administering

the system or program; and


                                                 46
             (3)AAselect   legal     counsel      and   an   actuary     and   adopt

sound actuarial assumptions to be used by the system or program.

        (g)AAIf the legislature provides for a fire fighters ’ pension

commissioner, the term of office for that position is four years.

(Added April 22, 1975; Subsec. (f) added Nov. 2, 1993; Subsec. (g)

added Nov. 6, 2001.)



        Sec.A68.AAASSOCIATIONS         OF         AGRICULTURAL          PRODUCERS;

ASSESSMENTS ON PRODUCT SALES TO FINANCE PROGRAMS OF MARKETING,

PROMOTION, RESEARCH, AND EDUCATION.              The legislature may provide

for the advancement of food and fiber in this state by providing

representative    associations       of     agricultural        producers      with

authority to collect such refundable assessments on their product

sales as may be approved by referenda of producers.                    All revenue

collected shall be used solely to finance programs of marketing,

promotion, research, and education relating to that commodity.

(Added Nov. 8, 1983.)



        Sec.A69.AAPRIOR    APPROVAL        OF    EXPENDITURE      OR     EMERGENCY

TRANSFER OF APPROPRIATED FUNDS.            The legislature may require, by

rider in the General Appropriations Act or by separate statute, the

prior approval of the expenditure or the emergency transfer of any

funds appropriated to the agencies of state government.

(Added Nov. 5, 1985.)



        Sec.A70.AA(Expired Sept. 1, 2008)

        (16.70) Expired.

(Added Nov. 8, 1988; amended Nov. 7, 1995, and Nov. 2, 1999.)

(TEMPORARY TRANSITION PROVISIONS for Sec. 70: See Appendix, Note

1.)



        Sec.A71.AATEXAS    PRODUCT    DEVELOPMENT         AND    SMALL    BUSINESS

INCUBATOR FUNDS; BONDS.     (a)AThe legislature by law may establish a

Texas   product   development      fund     to    be    used    without    further

appropriation solely in furtherance of a program established by the

legislature to aid in the development and production of new or

improved products in this state.          The fund shall contain a program


                                      47
account,     an   interest      and    sinking      account,      and    other    accounts

authorized by the legislature.               To carry out the program authorized

by   this    subsection,       the    legislature        may    authorize    loans,      loan

guarantees, and equity investments using money in the Texas product

development fund and the issuance of up to $25 million of general

obligation bonds to provide initial funding of the Texas product

development fund.         The Texas product development fund is composed

of the proceeds of the bonds authorized by this subsection, loan

repayments, guarantee fees, royalty receipts, dividend income, and

other amounts received by the state from loans, loan guarantees,

and equity investments made under this subsection and any other

amounts required to be deposited in the Texas product development

fund by the legislature.

         (b)AAThe   legislature         by   law    may    establish     a   Texas      small

business incubator fund to be used without further appropriation

solely in furtherance of a program established by the legislature

to foster and stimulate the development of small businesses in the

state.      The fund shall contain a project account, an interest and

sinking account, and other accounts authorized by the legislature.

A small business incubator operating under the program is exempt

from ad valorem taxation in the same manner as an institution of

public charity under Article VIII, Section 2, of this constitution.

To   carry    out   the    program      authorized        by    this    subsection,      the

legislature may authorize loans and grants of money in the Texas

small business incubator fund and the issuance of up to $20 million

of general obligation bonds to provide initial funding of the Texas

small business incubator fund.               The Texas small business incubator

fund is composed of the proceeds of the bonds authorized by this

subsection, loan repayments, and other amounts received by the

state for loans or grants made under this subsection and any other

amounts     required      to   be    deposited     in     the   Texas    small    business

incubator fund by the legislature.

         (c)AAThe legislature may require review and approval of the

issuance     of   bonds    under     this    section,      of    the   use   of   the   bond

proceeds, or of the rules adopted by an agency to govern use of the

bond   proceeds.          Notwithstanding          any    other    provision      of     this

constitution, any entity created or directed to conduct this review


                                             48
and approval may include members, or appointees of members, of the

executive,      legislative,       and     judicial     departments        of    state

government.

      (d)AABonds      authorized         under   this      section    constitute     a

general obligation of the state.           While any of the bonds or interest

on the bonds is outstanding and unpaid, there is appropriated out of

the first money coming into the treasury in each fiscal year, not

otherwise appropriated by this constitution, the amount sufficient

to pay the principal of and interest on the bonds that mature or

become due during the fiscal year, less any amount in any interest

and sinking account at the end of the preceding fiscal year that is

pledged to payment of the bonds or interest.

(Added Nov. 7, 1989; Subsec. (b) amended Nov. 2, 1999.)



      Sec.A72.AATEMPORARY          REPLACEMENT        OF     PUBLIC    OFFICER      ON

MILITARY ACTIVE DUTY.        (a)AAn elected or appointed officer of the

state or of any political subdivision who enters active duty in the

armed forces of the United States as a result of being called to

duty, drafted, or activated does not vacate the office held, but the

appropriate     authority    may    appoint      a   replacement      to   serve    as

temporary acting officer as provided by this section if the elected

or appointed officer will be on active duty for longer than 30 days.

      (b)AAFor an officer other than a member of the legislature,

the authority who has the power to appoint a person to fill a

vacancy in that office may appoint a temporary acting officer. If a

vacancy would normally be filled by special election, the governor

may appoint the temporary acting officer for a state or district

office,   and   the   governing     body    of   a   political    subdivision      may

appoint   the    temporary    acting       officer    for    an   office    of   that

political subdivision.

      (c)AAFor an officer who is a member of the legislature, the

member of the legislature shall select a person to serve as the

temporary acting representative or senator, subject to approval of

the selection by a majority vote of the appropriate house of the

legislature. The temporary acting representative or senator must

be:

              (1)AAa member of the same political party as the member


                                          49
being temporarily replaced; and

              (2)AAqualified for office under Section 6, Article III,

of this constitution for a senator, or Section 7, Article III, of

this constitution for a representative.

         (d)AAThe    officer    who     is   temporarily      replaced        under    this

section may recommend to the appropriate appointing authority the

name of a person to temporarily fill the office.

         (e)AAThe appropriate authority shall appoint the temporary

acting officer to begin service on the date specified in writing by

the officer being temporarily replaced as the date the officer will

enter active military service.

         (f)AAA     temporary    acting       officer       has    all    the    powers,

privileges, and duties of the office and is entitled to the same

compensation, payable in the same manner and from the same source,

as the officer who is temporarily replaced.

         (g)AAA temporary acting officer appointed under this section

shall perform the duties of office for the shorter period of:

              (1)AAthe term of the active military service of the

officer who is temporarily replaced; or

              (2)AAthe     term       of     office    of    the     officer     who    is

temporarily replaced.

         (h)AAIn this section, "armed forces of the United States"

means the United States Army, the United States Navy, the United

States Air Force, the United States Marine Corps, the United States

Coast Guard, any reserve or auxiliary component of any of those

services, or the National Guard.

(Added Sept. 13, 2003.)



         Sec.A73.AAVETERANS       HOSPITALS.          The    state      may   contribute

money,    property,     and     other      resources    for       the    establishment,

maintenance, and operation of veterans hospitals in this state.

(Added Nov. 3, 2009.)




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